Part 3Inquiries
Notification of decision
25.—(1) Subject to paragraph (2), the inspector in the case of a standard application, or the Secretary of State in the case of a recovered application, must as soon as practicable, notify their decision on an application, and their reasons for it, in writing to—
(a)all persons entitled to appear at the inquiry who did appear, and
(b)any other person who, having appeared at the inquiry, asked to be notified of the decision.
(2) Where the reasons for a decision given by the inspector or the Secretary of State relate to matters in respect of which closed evidence has been given, nothing in paragraph (1) requires the inspector or the Secretary of State to notify those reasons to any person other than—
(a)the appointed representative, or
(b)a person specified, or of a description specified, in the security direction.
(3) Notification in writing of a decision and reasons for it will be taken to have been given to a person for the purposes of this rule where—
(a)the Secretary of State and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person via a website,
(b)the decision and reasons are a decision and reasons to which that agreement applies,
(c)the Secretary of State has published the decision and reasons on a website, and
(d)the person is notified, in a manner for the time being agreed between that person and the Secretary of State, of—
(i)the publication of the decision and reasons on a website,
(ii)the address of the website, and
(iii)the place on the website where the decision and reasons may be accessed, and how they may be accessed.
(4) In the case of a recovered application—
(a)where the inspector’s report is not sent with the notification of the decision, the notification must be accompanied by a statement of the inspector’s conclusion and of any recommendations made by the inspector;
(b)a person may apply to the Secretary of State in writing for a copy of the inspector’s report before the end of the period of 4 weeks beginning with the date of the Secretary of State’s decision and the Secretary of State must supply a copy;
(c)where the inspector’s report includes the assessor’s report appended to it, but does not include any other document so appended, any person who has received a copy of the report may apply to the Secretary of State in writing for an opportunity to inspect any such documents and the Secretary of State must afford the person that opportunity.
(5) In the case of a standard application, any person entitled to be notified of the inspector’s decision under paragraph (1) may apply to the Secretary of State in writing for an opportunity to inspect any documents listed in the notification and any report made by an assessor and the Secretary of State must afford the person that opportunity.
(6) For the purposes of paragraphs (4)(c) and (5), an opportunity will be taken to have been afforded to a person where that person is notified of—
(a)publication of the relevant documents on a website,
(b)the address of the website, and
(c)the place on the website where the documents may be accessed, and how they may be accessed.
(7) Any application made pursuant to paragraph (4)(c) or (5) must be received by the Secretary of State before the end of the period of 6 weeks beginning with the date of the decision.
(8) Nothing in this rule requires the disclosure of the closed part of the assessor’s report referred to in rule 23(3) or the closed part of the inspector’s or assessor’s reports referred to in rule 24(5) to a person other than—
(a)the appointed representative, or
(b)a person specified, or of any description specified, in the security direction.